EC dual-use regulation

What is the EC dual-use regulation?

The EC dual-use regulation (Regulation (EC) No. 428/2009) is an instrument applied by the European Community to control the export of goods, including data processing programs and technologies, that can be used for dual purposes.

The Regulation defines the term "dual use" items as referring to goods that can be used for both civilian and military purposes.

Annex I of the EC Dual Use Regulation contains a list of the goods that it is not permissible to export to another country unless prior authorisation to do so has been obtained.

What changes are there and what does this mean for the export of frequency converters?

The technical characteristics relevant to the export of frequency converters (Lenze calls them inverters) are indicated in No. 3A225 of Annex I of the above-named regulation. As a consequence of the changes in the technical characteristics specified there, the export controls for inverters have been expanded. This means that export authorisation now has to be obtained for inverters that could previously be exported without authorisation.

How do I know whether the export of an inverter requires prior authorisation?

If the export of a Lenze inverter requires prior authorisation, Lenze indicates this on all relevant business papers and documents (offers, order papers, delivery papers etc.) by noting the following:

"Product requiring export authorisation when shipping to countries outside the EC – Export List No. 3A225 (EC Dual Use Regulation)"

Is the availability of Lenze inverters restricted due to the changes in the regulation?

No. Where Lenze exports affected products into countries outside the EC, we perform all the necessary procedures and arrange for the required export authorisation, thus ensuring availability of the products. Therefore there is no change in the availability of inverters.

Does export authorisation also have to be obtained for inverters that are built into another product/machine?

No, for the vast majority of applications this is not the case.

The question if the inverter can be considered the principal element of the application plays the key role in this context. In judging whether the inverter is to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the inverter as the principal element of the machine it is built into.

In any case, every exporter is obliged to independently check whether export authorisation is required.

What customs tariff number do Lenze inverters have?

The customs tariff number for Lenze inverters is 85044090

What do I have to do if I want to export a Lenze inverter to another country?

  1. Delivery within the European Union:
    For shipments within the EC, no export authorization is required.
    The requirement to obtain export authorisation for the product in the case of an export outside the EC must however be indicated on all relevant business papers.
  2. Depending on the final destination of the product to be exported, general export authorisations (e.g. EU 001) can be used in some cases. The exact rules depend on the EU country from which you want to export the inverter. This is because implementation of the EC dual-use regulation varies from country to country. Please contact the responsible authorities to obtain the relevant information.
  1. Export of inverters from Germany for which authorisation is required:
    In order to reduce the necessary export controls to the necessary level in the interests of all the parties involved, the German Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Ausfuhrkontrolle = BAFA) has issued a so-called general authorisation (Allgemeine Genehmigung AGG17) for the export of inverters. Additionally a complementary general authorisation exists on EU level "EU 001". The "EU001" is also valid for a limited scope of countries.
    As a result, it is no longer necessary to apply for individual authorisations in most cases.
    After registering once with BAFA (notification of availment of AGG17 respectively EU001), all exporters in Germany can invoke AGG17 when they want to export inverters.
    The BAFA provides a clear description of the regulations for Germany in its Merkblatt zur Ausfuhr von Frequenzumwandlern (Memorandum on the Export of Frequency Converters). This document also includes detailed information about which general authorisation is valid for which country.

Can we as a customer use Lenze's export authorisation for exports to third countries?

No, the export authorisation is not transferrable.

For which Lenze inverters is authorisation required?

Product familyauthorisation required?
Inverter > Inverter - decentralised
Inverter Drives 8400 protec No
Inverter Drives 8400 motec No
Inverter Drives SMV IP65 No
 
Inverter > Inverter - control cabinet
Servo Drives 9400 HighLine Yes
Inverter Drives 8400 TopLine No
Inverter i550 No
Inverter i510 No
Servo Inverter i700 Yes
Inverter Drives 8400 HighLine No
Inverter Drives 8400 StateLine No
Inverter Drives SMV IP31 No
Inverter Drives 8400 BaseLine No
   
Motors
Lenze Smart Motor No
 
Previous products > Inverter
Servo Drives ECS Yes
9300 servo inverters Yes
9300 vector inverters Yes
8200 vector inverters Yes
8200 motec inverters Yes

* Versions requiring an export licence (>599 Hz) are available on request.

If your product is not on the list, please get in touch with your responsible contact person at Lenze

Any further questions?

If you have any further questions on this topic, your responsible contact person at Lenze will be happy to help you.